The New Jersey Supreme Court revised a decades-old legal test governing use variances for "inherently beneficial" projects, ruling Monday that applicants must show that a proposed development will not substantially impair a municipality's zoning plan before a zoning board balances the project's public benefits against its downsides.
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TOP NEWS

NJ Justices Revamp Test For Certain Zoning Variances

By Carla Baranauckas

The New Jersey Supreme Court revised a decades-old legal test governing use variances for "inherently beneficial" projects, ruling Monday that applicants must show that a proposed development will not substantially impair a municipality's zoning plan before a zoning board balances the project's public benefits against its downsides.

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2nd Circ. Rejects Bid To End NYC's Congestion Pricing

By Linda Chiem

The Second Circuit on Monday upheld New York City's congestion pricing, rejecting two suburban counties' claims that Manhattan's congestion pricing tolls are discriminatory and unconstitutionally restrict motorists' right to travel.

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Javerbaum Wurgaft Beats Challenge To Defamation Suit Win

By George Woolston

New Jersey law firms posting about their cases and achievements are protected by the state's anti-SLAPP law, the state's Appellate Division ruled Monday in backing the dismissal of Holtec International's suit against Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins PC over a blog post about the firm's representation of a former Holtec executive.

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Seward & Kissel Fights Bid For Atty Privilege Ruling In NJ Suit

By Jake Maher

Seward & Kissel LLP is pushing back on a request from a former client, the wife of a billionaire hedge fund founder, for a sweeping ruling that no documents or testimony related to its legal work could be protected by attorney-client privilege and calling for a special adjudicator to handle discovery issues in her malpractice case against the firm.

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POLICY & REGULATION

NJ Delays Registry Aspect Of Newly Enacted Data Broker Law

By Allison Grande

New Jersey regulators won't immediately enforce a sweeping data broker law that took effect in June, announcing Friday covered businesses have to register and pay a potentially hefty registration fee until spring, and it would consider complaints about the law's lack of clarity in policing its sensitive data sales ban.

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NJ Aims To Protect Ratepayers With Nuclear Power Guidelines

By Elaine Briseño

New Jersey Gov. Mikie Sherrill on Monday signed into law a bill intended to ensure consumers don't bear the costs of nuclear power projects needed to help address the growing demand for electricity driven primarily by data center consumption.

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LITIGATION

12 Democratic AGs Challenge Paramount-Warner Bros. Deal

By Bryan Koenig

A dozen Democratic attorneys general on Monday sought to block Paramount Skydance's proposed $110 billion acquisition of Warner Bros. Discovery, arguing in a California federal court challenge that the deal threatens competition for film distribution and basic cable.

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REAL ESTATE & DEVELOPMENT

Brief

DHS Revives Plan For NJ Immigrant Detention Center

By Tom Lotshaw

The U.S. government told a federal judge that it's actually still considering plans to turn a New Jersey warehouse into an immigrant detention center, a week after it reported it no longer intended to pursue the challenged project.

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THIRD CIRCUIT

J&J Asks 3rd Circ. To Block Return Of Ex-Worker's Fee Claims

By P.J. D'Annunzio

Johnson & Johnson has asked the Third Circuit to keep dismissed excessive fee claims out of a proposed class action alleging the company charged employees too much for a prescription drug benefits program, arguing that the lower court correctly tossed that portion of the suit for lack of standing.

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EXPERT ANALYSIS

How Ch. 11 Debtors Can Stop MCA Receivables Raids

Approximately 42 merchant cash advance lenders are involved in the recently filed Chapter 11 bankruptcy of SIMAD Holdings, illustrating that debtors-in-possession must work with committees to preserve the receivable stream before litigating priority, says attorney Kenneth Rosen.

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LEGAL INDUSTRY

Judge Newman Won't Reopen High Court Suspension Battle

By Theresa Schliep

Federal Circuit Judge Pauline Newman did not ask the U.S. Supreme Court to reconsider her bid to save a suit against her fellow judges for suspending her from the bench over her refusal to undergo medical tests.

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Jackson Walker Settlements Over Judge Romance Get Greenlit

By Emma Cueto

A Texas bankruptcy judge has recommended approval of nine settlements regarding legal fees paid to Jackson Walker LLP connected to a former firm partner's romantic relationship with a then-bankruptcy judge, with the firm agreeing to pay $4.79 million in total, including $1.4 million to the estate of J.C. Penney.

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Trump-IRS Settlement Result Of Sham Suit, Judge Rules

By Jack McLoone

President Donald Trump's $10 billion suit against his own Internal Revenue Service and the resulting settlement deal lacked a legitimate controversy, given Trump's control over both the agency and the U.S. Department of Justice, a Florida district judge said Monday in an order barring Trump or others from citing the deal.

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Wells Fargo's $50M Deal In Atty's Ponzi Scheme Gets 1st OK

By Gina Kim

Wells Fargo will pay $50 million to settle a proposed class action alleging it knowingly helped a Las Vegas attorney run a multimillion-dollar Ponzi scheme deceiving investor victims into fronting money for borrowers awaiting personal injury settlement payouts, according to a preliminary approval order issued in Nevada federal court.

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Mass Tort Firms Hit With Suit Over AI Solicitation Calls

By Lynn LaRowe

A Michigan-based mass tort law firm and a pair of affiliate firms are violating federal and Texas state laws through an artificial intelligence-generated telemarketing campaign meant to solicit clients, according to a putative class action filed in Texas federal court.

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Senate Confirms SDTX Judge Pick Tied To Gun Group

By Courtney Bublé

The Senate voted 46-44 Monday evening to confirm Executive Assistant U.S. Attorney Arthur "Rob" Jones as a U.S. district judge to serve on the Southern District of Texas bench.

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Blanche Hearing To Proceed After Graham's Death

By Courtney Bublé

The Senate Judiciary Committee will still hold the confirmation hearing for Todd Blanche's nomination to be attorney general on Wednesday, despite the death of committee member Sen. Lindsey Graham, R-S.C., over the weekend. 

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court last week handled disputes involving corporate control, post-closing competition, executive departures, arbitration awards and shareholder litigation.

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LAW FIRMS IN TODAY'S NEWS

Beattie Padovano

Bressler Amery

Brito PLLC

Cohen Milstein

DV Injury Law

Fairmark Partners LLP

Gibbs Mura

Girard Sharp

Holland & Hart

Jackson Walker LLP

Javerbaum Wurgaft

Javitch Law Office

Levine Kellogg

McCarter & English

McGuireWoods

Milbank LLP

Norton Rose

Pashman Stein

Rivero Mestre

Rusty Hardin

Seward & Kissel

Sidley Austin

Sive Paget

Skadden Arps

Stern Kilcullen

Susman Godfrey

White and Williams

COMPANIES IN TODAY'S NEWS

Abaca

Air Products & Chemicals Inc.

Apollo Global Management LLC

Asbury Park Press

Cable News Network Inc.

CapCall LLC

Clario

Douglas Elliman Realty LLC

Fortrea Inc.

Hewlett Packard Enterprise Co.

Holtec International Inc

J.C. Penney Co. Inc.

Johnson & Johnson

KPMG International

MetLife Inc.

Metropolitan Transportation Authority

National Rifle Association of America

Netflix Inc.

New Civil Liberties Alliance

New Jersey Chamber of Commerce

Seadrill Limited

Skydance Media LLC

Space Exploration Technologies Corp.

Stage Stores Inc.

Tegna Inc.

Thermo Fisher Scientific Inc.

Trump Organization Inc.

Two Sigma Investments LP

Uber Technologies Inc.

United Federation of Teachers

Versar, Inc

WSP Global Inc.

Warner Bros. Discovery Inc.

Warner Bros. Entertainment Inc.

Wells Fargo & Co.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Bureau of Alcohol Tobacco Firearms and Explosives

California Attorney General's Office

California Privacy Protection Agency

Delaware Court of Chancery

Executive Office of the President

Federal Bureau of Investigation

Federal Communications Commission

Internal Revenue Service

New Jersey Board of Public Utilities

New Jersey Supreme Court

New York Attorney General's Office

U.S. Air Force

U.S. Bankruptcy Court for the District of New Jersey

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of Transportation

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the District of New Jersey

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of Florida

U.S. District Court for the Western District of Texas

U.S. Immigration and Customs Enforcement

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Nevada